1. -Aggrieved by the judgment dated 16.11.1990, passed by the Court of Sessions, Sikar, the accused-appellants, Arvind Kumar @ Nemichand, Surja Ram @ Surajmal, Ramnarayan, Birbal, Birju @ Brij Mohan have approached this court by filing D. B. Criminal Appeal No.449/1990. Meanwhile, aggrieved by the same judgment, the State of Rajasthan has filed D. B. Criminal Appeal No.523/1991. Since both these appeals arise out of the same impugned judgment, they are being decided by this common judgment.

2. By the said judgment the learned Judge had convicted and sentenced the accused appellants as under:

Arvind Kumar @ Nemichand, Surja Ram @ Surajmal, Ramnarayan, Birbal and Birju @ Brij Mohan were convicted for offences under Sections 148, 448 IPC. Arvind Kumar @ Nemichand and Surja Ram @ Surajmal were substantively convicted for offence under Section 302 IPC; Ramnarayan, Birbal and Birju @ Brij Mohan were convicted for offence under Section 302 read with Section 149 IPC. By a separate order of even date appellants, Arvind Kumar @ Nemichand and Surja Ram @ Surajmal, for offence under Section 302 IPC, and Ramnarayan, Birbal and Birju @ Brij Mohan, for offence under Section 302 read with 1